Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife's conduct, repeated verbal insults directed at husband and his mother who is disabled, persistent threats of self-harm, refusal to cohabit and desertion without reasonable cause, satisfies the test of mental cruelty...........
Hindu Marriage Act, 1955, Section 13, 23(1)(a) -- Divorce - Petition by husband - Withdrawal of father of husband as a witness does not by itself amount to suppression of material facts or constitute "wrong" within the meaning of S.23(1)(a) of the Act...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties have admittedly been living separately since Jan 2020 and there is no child from wedlock - Marital bond has thus eroded beyond repair and marriage has reached the stage of complete and irretrievable breakdown - Compelling parties to remain tied to such a union would serve no purpose but..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Wife of `A' with whom respondent/wife is leading adulterous life had filed divorce petition on ground of adultery - Said circumstantial evidence are sufficient to establish the factum of `living in adultery' on a balance of preponderance..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Mere fact that parties are living separately, marriage should not be taken to have broken irretrievably - It is imperative for Family Court or High Court to determine as to who out of two is responsible for breaking the marital tie and forcing other to live separately...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife solemnized second marriage during subsistence of first marriage - Husband is treating wife with cruelty in not giving her option to live her life freely according to her choice which is fundamental right of wife and unnecessarily opposing petition for divorce when she is already..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage though not one of ground as provided in S.13 of the Act but, irretrievable breakdown of marriage is a species within genus of cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage is not one of ground as provided in S.13 of the Act - However, if divorce is not granted in cases of irretrievable breakdown of marriage then it will amount to further pushing party towards continuous pain and suffering - Irretrievable breakdown of marriage is a species within genus of..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife though by birth is a Muslim but by conduct has clearly demonstrated that she has converted to Hindu faith - Mere absence of any ceremony cannot be a ground to dismiss application for divorce by mutual consent...........
